RE: E-Reserves question

[Laroi Lawton <laroi.lawton@xxxxxxxxxxxx>]

Scott:
The law strongly recommends that I.L.L. departments follow "Rule of 5"
guidelines. Each calendar year, an I.L.L. department is allowed to borrow a
set number of articles from the most recent 5 years of one journal title. Once
the limit is reached, articles can still be obtained from a copyright vendor
for a fee.

Secondly, and I am sure someone else will correct me on this First, to archive
materials not held by the library without permission and/or payment of
royalties would be a violation of copyright as it would be considered
"systematic copying".

The faculty member in your scenario want to put 11 articles obtained from ILL
on E-reserves. Many campus libraries limit the amount of articles either owned
or not by the library that a faculty member can put on E-Reserves as well.
Basically The electronic copying and scanning of copyright-protected works for
library reserve service are still debated and unsettled areas of the law which
may be addressed by the Courts or in future revisions of the copyright law.

I would check with your policy statements in this venue and work it from
there.

LaRoi Lawton
Assistant Professor
Library & Learning Resources
Bronx Community College
2155 University Avenue
Bronx, NY 10453
Laroi.lawton@xxxxxxxxxxxx
718.289.5348; 718.289.6471(fax)

-----Original Message-----
From: scottd@xxxxxxxxxx [mailto:scottd@xxxxxxxxxx]
Sent: Wednesday, August 31, 2011 12:25 PM
To: digital-copyright@xxxxxxxxxxxxxx
Subject: E-Reserves question

Faculty member wants to put 11 articles obtained from ILL on E-Reserves.
What are your thoughts on this?  Fair use or not?
--
David A. Scott
Access Services Librarian
Ferris Library for Information Technology & Education
Office:  FLITE 140-D
1010 Campus Drive, Big Rapids, MI  49307-2279
ph: (231) 591-3540 fax: (231) 591-2662 scottd@xxxxxxxxxx